V APHC010323812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16395 OF 2025 Between: T Eswara Rao @ T E Rao, S/o Vasudevarao Aged 52 years, Occ; Driver, E. 753294, Visakhapatnam District. O/o A.P.S.R.T.C., Maddelapalem dept, Visakhapatnam, ...Petitioner AND 1. The Depot Manager APSRTC, Maddelapalem Depot, Visakhapatnam, Visakhapatnam District. 2. The Dy Visakhapatnam District. 3. The Regional Manager -cum- DPTO, APSRTC Visakhapatnam, Visakhapatnam District. 4. The Zonal Executive Director, Vizianagaram, Vizianagaram District. 5. The Andhra Pradesh State Road Transport Corporation, Rep. by its Managing Director cum Vice-chairman, Pandit Nehru Bus Station, Vijayawada, N.T.R. District. . 6. The State of Andhra Pradesh, Rep. by its Principal Secretary, Transport and Roads Building Department, Velagapudi, Amaravathi, Guntur District Chief Traffic Manager APSRTC Visakhapatnam, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more in the nature of Mandamus declaring the action of the Respondents in imposing penalty of deferment of annual grade increment for a period of one year which shall have effect on postponement of future increment besides recovery of an amount of Rs.2000/- by the 1st respondent vide orders APSRTC No.0/2(04)/2015-MDP, datedll.06.2019, which are confirmed by the 2nd and 3rd respondents while rejecting the petitioners appeal and review by orders No.PA/19(32)/2019- VSK(U) dated 31.08.2019, and orders No.PA/19(60)72019-RMA/SP 25.11.2020, without taking into consideration the acquittal in the criminal case judgement dated 26.11.2018 in CC.No.46/2018 for the same allegations that of in the departmental dated as enquiry, as illegal, arbitrary, violative of principles of natural justice, and accordingly set aside the 1ST respondent vide orders are confirmed by the 2nd and review by orders APSRTC No.0/2(04)/201511.06.2019, which 3rd respondents while rejecting the petitioners appeal and No.PA/19(32)72019-VSK(U) dated 31.08.2019, and order No.PA/19(60)72019- RM/VSP dated 25.11.2020. lA NO: 1 OF 2Ci9R Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the respondents to reconsider the penalty of deferment of annual may be pleased to grade on postponement recovery of an amount of Rs.2000/-duly taking into consideration the judgement dated 26.11.2018 in CC.No.46/2018 for the same allegations judgement as that of in the departmental enquiry, pending disposal of the above writ petition. increment for a period of one year which shall have effect of future increment besides Counsel for the Petitioner: SRI PAMARTHI KAMESWARA Counsel for the Respondent No.6: GP FOR SERVICES RAO II r' Counsel for the Respondent Nos. 1 to 5: SRI T VIOND KUMAR (SC FOR APSRTC) The Court made the following order: r' APHC010323812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 16395 of 2025 Between: 1.T. ESWARA RAO @ T E RAO S/0 VASUDEVARAO, AGED 52 YEARS, OCC DRIVER, E. 753294, O/o A.P.S.R.T.C., MADDELAPALEM DEPT, , VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1.THE DEPOT MANAGER, APSRTC, MADDELAPALEM DEPOT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 2.THE DY. CHIEF TRAFFIC MANAGER, APSRTC, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3.THE REGIONAL MANAGER-CUM-DPTO, APSRTC VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4.THE ZONAL EXECUTIVE DIRECTOR, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 5.THE ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR- CUM- VICE-CHAIRMAN, PANDIT NEHRU BUS STATION, VIJAYAWADA, N.T.R. DISTRICT. 6.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT AND ROADS & BUILDING DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ...RESPONDENT(S): 2 CGR,J W.P.No.l6395of2025 Counsel for the Petitioner: 1.PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES II 2. T. VINOD KUMAR The Court made the following: 3 CGR,J W.P.No.16395 of2025 ORDER: Heard Sri Pamarthi Kameswara Rao, learned counsel for petitioner, Sri T. Vinod Kumar, learned Standing Counsel for APSRTC, appearing for respondent Nos.1 to 5 and learned Government Pleader for Services-ll for respondent No.6. 2. Petitioner assails the punishment imposed upon him, being that of deferment of annual increment for a period of one year, which shall have the effect of postponement of future increments, besides recovery of amount, as imposed by respondent No.1 by order dated 11.06.2019 and confirmed by respondent Nos.2 and 3 in appeal and review petition by orders dated 31.08.2019 and 25.11.2020 respectively, as illegal and arbitrary. 3. Learned counsel for petitioner submits that petitioner has preferred mercy application before 4'^ respondent on 05.01.2021, having regard to the petitioner being acquitted in the crime based on which disciplinary proceedings came to be initiated, which is stated to be pending, and would urge to direct for disposal of the said mercy application. Sri T. Vinod Kumar, learned Standing Counsel for respondent- corporation, submits that the petitioner’s mercy application would be 4. considered in accordance with law. CGRJ W.P.No.l6395of2025 In view of aforesaid submissions, without expressing any opinion on merits of the matter, with the consent of both the learned counsel, the Writ Petition is disposed of, at the admission stage, directing 4'^ respondent to consider the petitioner’s mercy application 5. dated 05.01.2021 and pass appropriate orders in accordance with law, in view of petitioner’s acquittal in the criminal case, within a period of six weeks from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. SD/-G. HELA NAIDU ASSISTAN-^EGfS-n^-R //TRUE COPY// SECTiON OFFICER To, 1. The Depot Manager, APSRTC, Maddelapalem Depot, Visakhapatnam, Visakhapatnam District. 2. The Dy Chief Traffic Manager APSRTC, Visakhapatnam, VisakhapatnamDistrict. 3. The Regional Manager cum DPTO, APSRTC Visakhapatnam, Visakhapatnam District. 4. The Zonal Executive Director, Vizianagaram, Vizianagaram District. 5. The Managing Director cum Vice-chairman, Andhra Pradesh State Road Transport Corporation, Pandit Nehru Bos Station, Vijayawada, N.T.R. District. . 6. The Principal Secretary, Transport and Roads Building Department, Velagapudi,Amaravathi,Guntur District 7. One CC to Sri Pamarthi Kameswara Rao Advocate [OPUC] 8. Two CCs to GP for Services II, High Court of Andhra Pradesh [OUT] 9. One CC to Sri T Vinod Kumar (SC for APSRTC) Advocate [OPUC] 10.Two CD Copies TF HIGH COURT DATED:07/07/2025 ORDER WPNO. 16395 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS